Skip to main content

Statements Commission on Human Rights

Address by H. E. Jose Ramos-Horta Senior Minister and Minister of Foreign Affairs and Cooperation

18 March 2003

Commission on Human Rights
59th Session of the
18 March 2003


Thank you, Madame Chairman, for allowing me to speak today at the 59th Session of the Commission on Human Rights.
As some of you will recall, this is not the first time that I am attending the Commission. Indeed, I have been here on numerous occasions, during my country’s long struggle for independence, when I came to plead with Commission on behalf of the East Timorese people.
In this regard, I wish to greet and pay tribute to my many friends in the NGO community for their generous assistance, commitment and personal kindness during our darkest years.
We owe each and every one of you eternal gratitude and here I pledge to listen to, and cooperate with you, whenever and wherever possible in our common quest for an ever better world where fellow human beings live in peace and freedom.
But I do not wish to feel in my conscience that in my first appearance before this august body I failed to express the eternal gratitude of the people of Timor-Leste to Portugal and others from the Portuguese-language community who stood by us through the darkest years when only few idealists and dreamers dared to dream that one day the nightmare would be over.
A special mention is due also to the EU for its long-standing leadership in the question of human rights in East Timor.
Today, for the first time, I am honored to stand before you as the representative of a free and independent nation and the newest member of the United Nations.
Allow me to greet my friend, the new High Commissioner for HR, Dr. Sergio Vieira de Mello.
I bring to you the warmest personal greetings from your many friends in Timor-Leste, President Xanana Gusmao, the Speaker of our National Parliament Mr Francisco Guterres, PM Dr Mari Alkatiri, and Bishop Basilio do Nascimento. Even our local media that was never too gentle with you send their warmest greetings.
I know that the SG could not have chosen a more dedicated, more experienced, energetic and a more polyglot High Commissioner.
We worked closely for almost three years as he presided over one of UN most challenging missions ever. When he left my country on 21st May 2002 after months of sleepless nights and long weeks, he left a country that was on its feet, well on the road to recovery and with a vibrant democracy.
We were saddened by his departure and with remorse that we caused him to age so much in such a short stay in our country. But he has recovered. As I look at him now, he seems to have recovered his youthful looks.
Madame Chairman,
It gives me enormous pleasure to thank the Commission for its attention to Timor-Leste over many years.
I would like to recall in particular that the Commission held only its fourth Special Session to consider the plight of East Timor at the time of crisis in my country in September 1999.
The importance of the Commission’s support and indeed that of the Organization as a whole then, and since, for the people of Timor-Leste, cannot be overstated. The Commission’s support will continue to be important as we build our new democracy.
In Timor-Leste we are currently going through the painful yet necessary process of acknowledging and learning from the past in order to move forward as a community.
We have learnt from the experiences of other countries, in particular in establishing our Commission for Reception, Truth and Reconciliation, which promotes both reconciliation and a full understanding of our human rights history.
In this respect, I must emphasize that our children have a right to grow up in a country based on official acknowledgement of the truth.
Reconciliation, if it is to be deep and long-lasting, must be based on open disclosures about what has taken place and a willingness to face up to our responsibilities. This is but one of the accountability mechanisms established to address impunity.
In its 1999 Special Session resolution on East Timor, the Commission affirmed that those responsible for violations of international human rights or humanitarian law must be held accountable.
The Commission acknowledged that the primary responsibility for bringing perpetrators to justice rests with national judicial systems, with the support of the international community.
My Government recognizes that the proper resourcing, independence of the national Courts, and the cooperation of the international community are all crucial to achieving this responsibility.
I would like to reiterate the importance of the Commission and its efforts to uphold human rights internationally. Timor Leste would be honored to serve on the Commission in the future if it is the wish of the international community.
Everyone present will agree with the continued need to uphold human rights internationally. I need not remind you that this is never more important than in times of armed conflict when there is an obligation to protect civilians, especially children and women, who often suffer the worst impacts of conflict and are invariably the least responsible for the violence.
Ruthless oppressors and aggressors and those who use or threaten others with terror and weapons of mass destruction must be challenged and held to account, if necessary by stern measures. But violence is rarely, if ever, a solution to conflict.
We who have respect for human rights must maintain our standards even when under pressure, in order to avoid reducing ourselves to the level of human rights abusers.
Timor-Leste is fortunate that the High Commissioner has a deep understanding of our concerns and the challenges that we face. His knowledge is reflected in his report to this Commission on the situation in Timor-Leste.
I appreciate the High Commissioner’s encouragement of my government’s efforts, his recognition of the steps that we have taken in less than one year since independence to implement our long-held commitments to the protection and promotion of human rights, and his advice.
I also thank Mr De Mello for his office’s continued commitment to technical cooperation with Timor-Leste in the field of human rights.
Human rights must be the foundation stone on which the future of our young country is constructed. That is our challenge, to build a nation in which human rights and democracy are defended with pride by all levels of the community.
One of the first steps taken by my government was to ratify many of the core human rights instruments on 10 December last year. The test for us now will be to implement those treaties in our national legislation in order to ensure that all members of the community benefit from the rights contained in them.
Unfortunately, the history of Timor-Leste has left our small nation with many human rights challenges to overcome.
While clearly there is much work to do in order to protect civil and political rights, we cannot forget to address as a matter of urgency the social, economic and cultural rights of our people, so many of whom live in abject poverty, without the joys of literacy, education and adequate health care.
The years of conflict have left us one of the poorest countries in Asia. It is my Government’s challenge to ensure that every citizen has the opportunity to reach his or her potential and to live life to its fullest. Above all, after the years of conflict, our people need development, as well as the right to vote.
However, development in my country will depend largely on the stability gained through security and the rule of law.
With the guidance of the UN, our police must develop as a professional, accountable police force. Our courts must function as independent institutions and recognize that their fundamental role is to deliver justice by upholding the rights of every individual who appears before them. And our prisons must be secure but humane places of containment and, where possible, rehabilitation.
As further evidence of our commitment to protect human rights, Timor-Leste is establishing an independent national human rights institution that will combine the functions of an ombudsperson, human rights commission and anti-corruption body. We are also about to embark on the development of a national human rights action plan.
I wish to turn your attention now to the issue of justice for the serious crimes committed during the period of 1999.
Pursuant to the authority vested by the international community, (SC Res. 1272), the UN Transitional Administrator for East Timor established the Special Panels with Jurisdiction over Serious Criminal Offences. The Dili District Court would have exclusive jurisdiction over serious crimes such as genocide, war crimes, crimes against humanity, murder, sexual offences and torture.
After more than two years of investigation and hearing more than 1,000 witnesses, on 24th February 2003, the Deputy Attorney-General for Serious Crimes Ms Siri Frigaard, indicted seven high ranking Indonesian military officers and one civilian for crimes against humanity, homicide and deportation.
The President of the Republic and Government of Timor-Leste commend the professionalism and integrity of all those serving in the Serious Crimes Panel and the office of the Prosecutor-General. We pledge our continuing and unwavering respect for the independence of the judiciary.
The international community follows with keen interest the work still in progress of Indonesia’s own special Ad Hoc Human Rights Tribunals for Timor-Leste.
We commend the Indonesian authorities and civil society for their courageous efforts towards rectifying the wrongs and injustices perpetrated by their security forces. This is not an easy task in a country in transition to full democracy. We await the conclusion of the work of the Indonesian Ad Hoc Tribunal.
The best service we can render to justice is for Timor-Leste, the Republic of Indonesia and the international community to work together to find the best possible avenues and means to promote and enforce justice and end impunity.
My Government has already indicated to the High Commissioner and some interested parties, in particular the Government of Indonesia, that it is actively exploring ideas and testing some new initiatives that would serve the cause of justice and yet enable all of us to put the past behind. We await the input from those with whom we have discussed this possible initiative.
We hope that fate of several hundred children believed to be held in Indonesia against the free consent of their parents will be resolved soon. Numerous meetings and demarches by a wide range of individuals, international agencies and governments, have not borne fruit.
The remaining East Timorese in camps in Indonesian West Timor, now less than 28,000, will have to make up their mind about who they are, and where they wish to settle permanently.
The international community, UNHCR and IOM, as well as the Indonesian authorities are commended for their excellent work in repatriating more than 250,000 refugees in 2000-2002. Of the remaining, probably half have decided to settle in Indonesia and enjoy their Indonesian citizenship. The other half should make up their mind and return.
Our two governments, T-L and Indonesia, have spared no effort in developing an ever-closer relationship of friendship and cooperation in all sectors.
We know that sometimes we must shoulder an extra cross for the sake of the higher interests of our nations so that we can move forward and not be hostage of our past, however painful it is.
Madame Chairman,
My country is grateful for all the support it has received from the international community as we recover from the conflict. Building a new nation is an awesome task; it cannot be achieved overnight or even in a few years.
I request the international community not to forget Timor-Leste as its attention is turned to new crises. With our determination and your continued support we have a chance of building a rights-based culture that my countrymen and women, and this Commission, can be proud of.
Madame Chairman,
I wish now to address some issues of critical importance.
My government is seriously disturbed that the UN Referendum Plan for Western Sahara remains to be fully implemented after almost 10 years since its adoption.
We recall that the 14th Non-Aligned Summit held in Kuala Lumpur and the African Union continue to uphold and call for the respect of the right of the people of Western Sahara for self-determination.
We commend the US Administration and Prime Minister Tony Blair for the new impetus and commitment in bringing about a resolution of the Palestinian-Israeli conflict. We hope that this time there will be no turning back for the establishment of an independent Palestinian State.
The Government of Timor-Leste has established full diplomatic relations with the State of Israel and seeks to forge an active partnership between our two countries.
We also stand ready, even before the establishment of a formal Palestinian State, to exchange diplomatic envoys at Ambassadorial level, and seek to develop an active partnership with the Palestinian state.
We condemn all acts of violence against innocent civilians whether originated by the Israeli side or the Palestinian side.
We commend the Sri Lank authorities and the Tamil Tiger leaders as well as the Norwegian mediators for the impressive show of vision and courage by ending one of Asia’s longest and most violent conflicts.
We commend the Chinese authorities for the recent meeting held in Beijing with senior representatives of His Holiness the Dalai Lama of Tibet. While we are not aware of any outcome and possible follow up, the meeting in its elf was a very positive development.
I wish to turn to a question that is certainly in everybody’s mind, the looming war in Iraq.
Only a miracle or real courage, vision, statesmanship, can prevent a war with unpredictable consequences.

The US-led interventions in Bosnia, Kosovo and more recently in Afghanistan resulted in much greater freedom for the peoples of these regions when compared with the situation prevailing before.

We pray that when the dust settles, we see a post-Saddam Iraq as a much better place for its people and its neighbors than what it has been.

The battle against terrorism continues. Let us not despair. We will prevail. However, to rid the world of terrorism and instability, we must all redouble our efforts in reducing and eliminating abject poverty.

Madame Chairman,

I conclude with some remarks mostly addressed to the rich countries.

The US and rich countries that seem to be able to find money for wars and new weapons systems might be able to show more vision and compassion for the fight against poverty and a more just economic order.

Rich countries should invite the UN to lead a reinvigorated Agenda for Peace aiming at:

- the elimination of agricultural subsidies to European and American farmers, which stand at a staggering US$300 billion a year. Compare this with the $50 billion ODA budget. And it is shrinking every year in real terms.
- the increase to $100 billion the ODA funds.
- the opening up of the rich markets for the goods from the developing world as already offered by the EU in its Everything But Arms initiative.
- the pardon of the debt of the poorest countries.
- the control of conventional weapons exports to the developing world.

The US Administration must be commended for the generous pledge of US$15 billion to combat HIV/Aids in Africa and for its decision to increase by 50% its overseas development assistance.


________
Dr. Jose Ramos-Horta is the 1996 Nobel Peace Prize Co-Laureate, Visiting Professor at the University of New South Wales, Sydney, and Distinguished Visiting Professor at the Victoria University, Melbourne.